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Riese Hearing

Riese Hearings: Standards for Determining Capacity to Give Informed Consent
​The factors that the Riese court relied on in determining whether a patient has the capacity to give informed consent are as follows (Riese v St. Mary's Hosp. & Med. Ctr. (1987) 209 CA3d 1303, 1322):
  • Is the patient aware of his or her situation?
  • Can the patient understand the benefits and risks of, and the alternatives to, the proposed treatment?
  • Can the patient understand and knowingly and intelligently evaluate the information required to be given patients whose voluntary informed consent is sought (by Welf & I C §5326.2), and otherwise participate in the treatment decisions through rational thought processes?
In determining whether the individual has the capacity to make informed medical consent decisions, the court or hearing officer (see §23.26) must decide whether the person is able to understand and to act knowingly and intelligently on the information available (including the importance of any alternatives to the treatment). The issue is not whether the treatment is definitively needed or whether it is the least drastic alternative; it is strictly a question of capacity.
The evidence on these points must be clear and convincing. 209 CA3d at 1322

Riese hearings are usually reserved for patients who are on their fourteen day hold, 72 hour hold, and 30 day hold,. It is a hearing specifically to address involuntary medication and emergency medication. The patient can request a Riese hearing if they believe that they are not candidate for involuntary psychiatric treatment. The hearing is conducting by hearing officer designated by the local court. The hearing officer will hold the administrative hearing within a conference in the hospital. The hearings do not take more than 10 minutes and do not occur within a courtroom. On the day of the hearing the patient,, his rights advocate, the doctor, the officer, and or the nurse may be present. Together they will record the hearing.
First the doctor will verbally present information to the officer about the patient's condition and why they necessitate medication. The nurse will follow reporting the patients symptomology and why they believe the patient needs the medication. Both the doctor and the nurse will discuss the nature of the diagnosis and its implications. Then the patient will be given an opportunity to present their reasoning as to why they do not need medication. Their advocate may counsel them on what to say and what to present but often the advocate does not speak much during the hearing. At the end the hearing officer will make a judgement and the patient will be allowed to manage their own medication or ordered to involuntary medication. NOTE: A riese hearing is not an writ of habeas corpus hearing meaning that the patient even if not ordered to involuntary treatment cannot leave the facilities. Also, the patient may have to have another writ when they reach their next tier of involuntary hold.

If desired, the patient may challenge the decision made during the riese hearing and ask for a more formal rehearing on the matter. In this case the patient bears the burden of proof rather than the hospital. This contested matter will take place  in the county courthouse as a bench hearing rather than an informal hearing in front of a hearing officer. 

    Questions or need more information?

Enter

Juvenile Dependency Court 
​
2851 Meadow Lark Drive  Dpt 10

San Diego, California 92123
Phone: (858) 634-1600


San Diego Central Courthouse
1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



Office of the Public Conservator
5560 Overland Ave Ste 130
San Diego, California 92123
Phone: (858) 694-3500 ext 2
© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
  • LPS CONSERVATORSHIP OVERVIEW
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
  • YOUR DAY IN COURT
    • Conservatorship Legal Documents
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
    • LPS Conservatorship for Dependent Parents and Minors
  • LPS Conservatorship Case Law
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • In re Ben C- Wende Brief no issue writ
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • New Updates
  • Harm Reduction
    • Needle Exchange Programs
    • Safe Consumption Sites
    • Safer Injection Drug Use
    • Narcan
    • Syringe Services Programs in SoCal
  • CWS/CMS
    • CWS/CMS User Interface
    • Case Plan